FEDERAL COURT OF AUSTRALIA
Applicant S200 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 1201
APPLICANT S200 OF 2002 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS & ANOR
N357 OF 2003
EMMETT J
21 MAY 2003
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
N357 OF 2003
BETWEEN:
APPLICANT S200 OF 2002
APPLICANTAND:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
FIRST RESPONDENTPRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENTJUDGE:
EMMETT J
DATE OF ORDER:
21 MAY 2003
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1. the application be dismissed;
2. there be no order as to costs.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
N357 OF 2003
BETWEEN:
APPLICANT S200 OF 2002
APPLICANTAND:
MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS
FIRST RESPONDENT
PRINCIPAL MEMBER OF THE REFUGEE REVIEW TRIBUNAL
SECOND RESPONDENTJUDGE:
EMMETT J
DATE:
21 MAY 2003
PLACE:
SYDNEY
REASONS FOR JUDGMENT
This matter was remitted from the High Court by order of Gaudron J on 6 February 2003. When the matter was called on for directions today, there was no appearance for the applicant. I have evidence before me that the applicant departed Australia voluntarily on 5 December 2002. That explains his non-appearance. The first respondent, the Minister for Immigration & Multicultural & Indigenous Affairs (‘the Minister’), seeks an order under O 10 r 3 of the Federal Court Rules for summary dismissal of the application for want of appearance. The Minister does not ask for costs.
In the circumstances, the Minister’s request appears to me to be the appropriate course.
I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Emmett. Associate:
Dated: 29 October 2003
Counsel for the Applicant: No appearance Solicitor for the Respondents: Australian Government Solicitor Date of Hearing: 21 May 2003 Date of Judgment: 21 May 2003
- AGLC
- Applicant S200 of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 1201
- Case
- [2003] FCA 1201
- Decision Date
CaseChat Overview and Summary
The court had to determine whether the Minister's decision to cancel the Applicant's visa was lawful and whether the Applicant's character was a valid ground for the cancellation. The Applicant argued that the Minister had not adequately considered their personal circumstances and the impact of the cancellation on their family. The Minister, on the other hand, contended that the Applicant's criminal history warranted the cancellation of their visa.
The court found that the Minister's decision was based on valid grounds and that the Applicant's criminal history was a significant factor. The court held that the Minister had considered the Applicant's personal circumstances and that the impact on the Applicant's family was a relevant consideration but did not outweigh the seriousness of the criminal offences. The court also found that the Minister had not erred in law or failed to consider relevant material. Therefore, the application was dismissed, and there was no order as to costs.
Orders
Orders of the court
1. the application be dismissed;
2. there be no order as to costs.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
Established by: EMMETT J
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